Jack Wiederhorn & Son

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IN THE MATTER OF JACK WIEDERHORN & SON CONSENT ORDER, ETC., IN REGARD TO THE ALLE:GED VIOLATION OF THE FEDERAL TRAD!' COMMISSION AND TI-m FUR PRODUCTS LABELING ACTS Docket 7381. Complalnt, Dec. 11, 1.958-Dccisiun, Ap' , 1959 Consent order requiring' a New York City furrier to cease violating the Fur Products Labeling Act by failing to set forth in invoices the term " Dyed Mouton-processed Lamb" and required item numbers, and by advertisinp; in letters to cust.omers representing the " wholesale market value " of fur products to be certain desig"nated amounts \vithout maintaining adequate records as a basis for such pricing claims. Mr. Floyd O. Collins counsel supporting the complaint. Hespondents pro se.

INITIAL DECISION BY JOHN B. POINDEXTER, HEARING EXAMINER On Decemher II, 1958, the Federal Trade Commission issued a complaint charging Jack Wieder horn and Edward Wieder horn individually and as copartners trading as Jack Wieder horn & Son hereinafter referred to as respondents, with falsely and deceptively advertising and invoicing certain of their fur products violation of the Federal Trade Commission Act and the Fur Products Labeling Act.

After issuance and service of the complaint, the respondents and counsel supporting the complaint entered into an agreement for a consent order. The agreement has been approved by the director and the assistant director of the Bureau of Litigation. The agreement disposes of the matters complained about. The pertinent provisions of said agreement are as follows: Respondents admit all jurisdictional facts; the complaint may be used in construing the terms of the order; the order shall have the same force and effect as if entered after a full hearing and the said agreement shall not become a part of the ofleial record of the proceeding en less and until it becomes a part of the decision of the Commission; the record herein shall consist solely of the complaint and the agreement; respondents waive the requirement that the decision must contain a statement of findings of fact and conclusions of law; respondents waive further procedural steps before the hearing examiner and the Commission, and the order may be altered, modified, or set. aside in the JACK WIEDERHORN & SON 1615 1614 Order manner provided by statute for other orders; respondents waive any right to challenge or contest the validity of the order entered in accordance with the agreement and the signing of said agreement is for settlement purposes only and does not constitute an admission by respondents that they have violated the law as alleged in the complaint.

The undersigned hearing examiner having considered the agreement and proposed order and being of the opinion that the acceptance thereof will be in the public in terest, hereby accepts such agreement, makes the following jurisdictional findings, and issues the following order:

JURISDICTIONAL FINDINGS 1. Respondents Jack Wiederhorn and Edward Wiederhorn are individuals and copartners trading and doing business as Jack Wieder horn & Son. Respondents' place of business is located at 333 Seventh Avenue, New York, N.

2. The Federal Trade Commission has Iurisdiction of the suhj ect matter of this proceeding and of the respondents and the proceeding is in the public interest.

ORDER It is oniered That .rack Wiederhorn and Ed ward Wiederhorn as individuals and as copartners, trading as Jack Wiederhorn & Son, or under any other name, and respondents' representatives, agents and employees, directly or through any corporate or other device, in connection with the introduction, manufacture for introduction, or the sale, advertising or offering for sale in commerce, or the transportation or distribution in commerce of fur products, or in connection with the sale, manufacture for sale, advertising, offering for sale, transportation 01' distribution of fur products which have been made in whole or in part of fur which has been shipped and received in commerce, as "commerce " ufur" and "fur product" are defined in the Fur Products Labeling Act do forthwith cease and desist from: 1. Falsely or deceptively invoicing fur products by: A. Failing to furnish invoices to purchasers of fur products showing:

(1) The name or names of the animal or animals producing the fur or furs contained in the fur products as set forth in the Fur Products Name Guide and as prescribed under the Rules and Regulations;

Decision G5 F.

(2) That the fur product contains or is composed of used fur, when such is the fact;

(3) That the fur product contains or is composed of bleached dyed or othenvise artifidally colored fur, when such is the fact; (4) That the fur product is composed in whole or in substantial part of paws, tails, bellies, or waste fur, when such is the fact ;

(5) The name and address of the person issuing such invoice; (6) The name of the country of origin of any imported furs contained in a fur product;

(7) The item number or mark assigned to a fur product. B. Failing to set forth the term "Dyed Mouton processed Lamb" in the manner required by Rule 9 of the Regulations. 2. l\laking price claims and representations in advertisements concerning wholesale market values of fur products unless there are maintained by respondents full and adequate records disclosing the facts upon which such claims or representations are based. DECISION OF THE COMMISSION AND ORDER TO I'ILE REPORT 0,' COMPLIANCE Pursuant to Section ::L21 of the Commission s Hules of Practice, the initial decision of the hearing examiner shall, on the 2d day of April 1959 , become the decision of the commission; and, accordingly:

It is o,.dered That the respondents herein shall within sixty (60) days after service upon them of this order, file with the Commission a report in writing setting forth in detail the manner and furm in which they have complied with the order to cease and desist.

BRICKBR BROS. 1617 Decision